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COURT OF APPEALS, STATE OF COLORADO <br /> Case No. 95CA1382 <br /> OPENING BRIEF <br /> Appeal from the District Court of Pitkin County <br /> Honorable WILLIAM L. JONES, Judge of Eagle County <br /> DIVISION OF MINERALS AND GEOLOGY, DEPARTMENT OF NATURAL <br /> RESOURCES, <br /> Appellant, <br /> V. <br /> JOHN A. REEVES; ROBERT DELANEY; DIANE DELANEY; and MID-CONTINENT <br /> MINERALS CORPORATION, <br /> Appellee. <br /> INTRODUCTORY NOTE <br /> This case involves issues concerning the ability of the <br /> Division of Minerals and Geology to enforce the provisions of the <br /> Colorado Surface Coal Mining Reclamation Act and, specifically, <br /> to reclaim mine sites . That Act sets forth a regulatory scheme <br /> which requires a mining operator to post a bond in an amount <br /> estimated to be sufficient to ensure reclamation of the mine site <br /> by the Division in the case of bond forfeiture . The trial <br /> court' s ruling in the present case has the potential effect of <br /> preventing the Division from seeking sufficient funds to complete <br /> reclamation of mine sites in Colorado and the actual effect of <br /> preventing cleanup of the mine site which is the subject of this <br /> case . <br />